ALVIN LEROY MILLS, APPELLANT,
v.
BRENDA JANE MILLS, APPELLEE
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BARFIELD, Judge.
Alvin Leroy Mills appeals from a final judgment of dissolution of marriage awarding his former wife rehabilitative alimony and attorney fees. Mills takes exception to the award of alimony and attorney’s fees on the grounds that there was a “settlement agreement” entered into between the parties six years before the final judgment, which agreement precluded the former wife from recovering alimony and attorney fees. The trial court found that “the post-nupital agreement was abrogated by reconciliation and six years subsequent cohabitation”.
We hold that the trial court was correct in concluding under the particular circumstances of this case that this settlement agreement was abrogated by reconciliation. We further note that paragraph 8 of the agreement provided that only “matters dealing with property division shall continue to be binding” in the event of reconciliation.
We do not conclude that, as a matter of law, reconciliation abrogates all settlement agreements.
AFFIRMED.
SMITH and ZEHMER, JJ., concur.
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COX v. Kimi Lea COX, 659 So. 2d 1051 (Fla. 1995)…ity of Weeks. In re Estate of Duggan, 639 So. 2d 1071, 1075 (Fla. 4th DCA 1994) (concluding that “the policy foundation for the rule that reconciliation voids the [pri- or marital settlement] agreement has itself been ‘abrogated’ ”); Mills v. Mills, 460 So. 2d 545 (Fla. 1st DCA 1984) (concluding that reconciliation does not, as a matter of law, [*1054] abrogate all settlement agreements).2 Despite the confusion, we believe that Weeks and Miller can be harmonized into workable principles. While Weeks announce…
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Thomas v. Randell D. Thomas, 571 So. 2d 499 (Fla. 1st DCA 1990)…upreme court stated “[i]t appears to be well settled that reconciliation of husband and wife and resumption of marital relations for any period of time will render a previous contract and settlement of property rights void.” See also Mills v. Mills, 460 So. 2d 545 (Fla. 1st DCA 1984); Zullo v. Zullo, 317 So. 2d 453 (Fla. 3d DCA 1975), writ discharged, 342 So. 2d 77 (Fla.1977). The Delgado court noted “[t]his court has held that Weeks applies when the parties remarry each other, Weston v. Weston, 483 So. 2d 82…
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Delgado v. de Lopez, 546 So. 2d 1075 (Fla. 3d DCA 1989)…eme Court stated “[i]t appears to be well settled that reconciliation of husband and wife and resumption of marital relations for any period of time will render a previous contract and settlement of property rights void....” See also Mills v. Mills, 460 So. 2d 545 (Fla. 1st DCA 1984); Zullo v. Zullo, 317 So. 2d 453 (Fla. 3d DCA 1975), writ discharged, 342 So. 2d 77 (Fla.1977). This court has held that Weeks applies when the parties remarry each other, Weston v. Weston, 483 So. 2d 822 (Fla. 3d DCA 1986); Carte…
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